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  • Question about foreign born child status

    Question regarding the status of my son:

    I was recently a Permanent Resident with a son born and living in Canada. I have recently become a US citizen. Does this automatically make my son a US Citizen as well? He does not have a green card yet.

    I petitioned my wife and my son on a single I-130 (son as a dependent), but when I became a US Citizen I was told I needed to submit another I-130 for my son only, which I did. My wife's I-130 has since been approved, do I still need to wait for my son to be approved or does he receive follow-to-join benefits?

    Thanks in advance!

  • #2
    Originally posted by pryme57
    Question regarding the status of my son:

    I was recently a Permanent Resident with a son born and living in Canada. I have recently become a US citizen. Does this automatically make my son a US Citizen as well? He does not have a green card yet.

    I petitioned my wife and my son on a single I-130 (son as a dependent), but when I became a US Citizen I was told I needed to submit another I-130 for my son only, which I did. My wife's I-130 has since been approved, do I still need to wait for my son to be approved or does he receive follow-to-join benefits?

    Thanks in advance!

    The rule is that when one or both parents are or become naturalized citizens, the children become US citizens automatically provided that they have Green Cards and are under the age of 18 at that time. So your son not having a GC precludes him from automatic citizenship

    I think your son, as an immediate rather than preference relative, does not follow to join but needs to have his own petition approved.

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